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Last updated April 9, 2026
We are USFormation LLC ("Company," "we," "us," "our"), a company registered in Delaware, United States at 364 E Main Street, Suite 1001, Middletown, DE 19709.
We operate the website https://www.usformation.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at [email protected] or by mail to 364 E Main Street, Suite 1001, Middletown, DE 19709, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and USFormation LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Electronic Records and Signatures. We may need to file documents on your behalf so you consent to us affixing your electronic or hard copy signature in order to file documents on your behalf.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Receiving Service of Process & Other Legal Documents. USFormation facilitates registered agent services through third-party registered agent providers ("RA Providers"). USFormation is not itself your registered agent. Through our RA Providers, service of process documents and correspondence from the Secretary of State ("Legal Documents") will be accepted on your behalf, scanned, and typically uploaded to your account within 24 hours of receipt by the RA Provider. USFormation will use reasonable efforts to make documents available to you and notify you at the email address on file promptly after they are received from the RA Provider; however, USFormation does not guarantee any specific timeframe for forwarding or notifying you of documents received by the RA Provider. USFormation shall not be liable for any delays in relaying, forwarding, or notifying you of documents received by the RA Provider, including but not limited to service of process, legal notices, court filings, or government correspondence, or for any consequences resulting from such delays, including missed court deadlines, default judgments, or failure to respond to legal proceedings. You agree that the RA Provider is hereby given permission to open, scan, upload, and transmit all documents received on your behalf.
Regular Mail. In addition to Legal Documents, your registered agent service includes an allowance of regular mail (any mail that is not from the Secretary of State or a service of process document) that will be scanned and uploaded to your account at no additional charge. After this allowance has been met, an additional fee will be charged to view or download any further regular mail documents for the remainder of the service year. The applicable allowance and fee amounts are as set forth in your service plan or as otherwise communicated to you. Junk mail will not be uploaded to your account. USFormation does not assume liability to you, or any third party, for the acts, omissions, errors, delays, or negligence of any RA Provider, including but not limited to loss of mail, failure to forward documents, or failure to properly serve as registered agent.
Online Seller Verification. Online marketplace verification cards (including but not limited to Amazon, Google, Walmart, and similar platforms) that request verification that the registered agent address is a storefront for your entity cannot be verified by the RA Provider. Neither USFormation nor the RA Provider is able to complete or fulfill these types of verification requests on your behalf.
Destruction of Documents. The RA Provider does not perpetually retain the original copies of documents received at its offices. In the event such documents or other mailings are delivered to the RA Provider's offices, you are expected to diligently act to request the original document or mailing to be forwarded to you. Unless otherwise agreed in writing, all such forwarding requests will be at your expense. All documents and mailings are destroyed fifty (50) days following the digital scanning of the documents and mailings. There is no guarantee of fulfillment of a request for physical copies after 50 days. Neither USFormation nor the RA Provider shall be liable for the destruction of any documents after this retention period.
Receipt of Packages. The RA Provider will not under any circumstances receive packages on your behalf. Packages arriving at the RA Provider's office will be refused upon delivery or returned to their location of origin if immediate refusal is not possible. In the event that neither refusal nor return of the package is an option, you will be informed that the RA Provider has it in its possession. The RA Provider will only hold packages for 12 days from the date of receipt and notification before properly disposing of them. By using our services you agree that neither USFormation nor the RA Provider is acting as a bailee or warehouse and neither owes any duty of care in the holding and/or shipping of packages. If you would like the package delivered to the address associated with your account, you will be responsible for all shipping costs associated with the shipment of the package as well as any applicable service fees. You will also be responsible for insuring the package.
Registered Agent Service Renewal and Payment. Registered agent services facilitated through USFormation are provided on a subscription basis and will automatically renew at the then-current rate unless canceled prior to the renewal date. You must pay all fees related to your registered agent service, even if you do not receive registered agent mail, until you cancel your service or it is otherwise terminated. Any renewal reminders or billing notifications we may send to the email address on file for your account are provided as a courtesy only. USFormation is not obligated to provide such reminders, and failure to receive a reminder does not relieve you of your obligation to pay.
Non-Payment of Registered Agent Fees. If you fail to pay your registered agent service fees when due, USFormation reserves the right to: (1) suspend your ability to access previously received Legal Documents and other materials in your account; (2) terminate your registered agent service subscription; and (3) instruct the RA Provider to resign as your registered agent with proper notice as required by applicable state law. If your subscription is terminated for non-payment, reactivation will require full payment of all past-due amounts. Neither USFormation nor the RA Provider is liable for any consequences arising from the suspension, termination, or resignation of registered agent services due to your failure to pay, including but not limited to loss of good standing, administrative dissolution, missed service of process, fines, penalties, or any other adverse action by a government agency.
Termination of Registered Agent Services. USFormation or the RA Provider may terminate your registered agent service, and the RA Provider may resign as your registered agent with proper notice as required by applicable state law, for any of the following reasons: (1) your failure to provide accurate, complete, and current information as requested or required; (2) inability to locate you after reasonable and diligent efforts; (3) your failure to pay fees when due; (4) your use of the services for suspected illegal activity; or (5) any other lawful reason. Upon termination of registered agent services, you must promptly appoint a new registered agent in the applicable jurisdiction (or act as your own registered agent where permitted by law) and pay all fees related to the change of agent, including any state filing fees for the RA Provider's resignation and the appointment of your new agent. USFormation is not responsible for any actions taken or not taken by the RA Provider in connection with their resignation, including the timing, manner, or filing of any resignation documents with the state.
Proof of Agent Change Required. You must provide USFormation with satisfactory written proof that a new registered agent has been appointed and that the RA Provider has been removed as your registered agent with the applicable state filing office by your next billing date. If you fail to provide such proof by your next billing date, you will continue to incur charges for registered agent services until proof is provided, as the RA Provider remains legally designated as your registered agent of record with the state. Cancellation of your registered agent service subscription does not automatically initiate a filing to remove the RA Provider from any state record. The RA Provider reserves the right to resign as registered agent for your entity at any time after cancellation, which you acknowledge and agree may cause your entity to be in default, lose any acquired licenses, good standing, or approval to conduct business. If your entity has been dissolved, you must provide satisfactory written proof that your entity has been voluntarily dissolved or that its status with the state filing office is inactive.
Handling of Mail After Termination. Upon termination or cancellation of registered agent services, the RA Provider is not obligated to forward service of process, legal notices, lawsuits, or any electronic or physical mail that it may thereafter receive on your behalf. Documents received after the date of cancellation may, at the RA Provider's discretion, be uploaded to your account in a restricted or locked status, which may require an additional payment before the document becomes viewable. You may, at your discretion: (a) pay to view the document, (b) reinstate registered agent services, or (c) leave the document in its restricted status. You waive and release both USFormation and the RA Provider from any and all liability or duty to notify you about lawsuits or any electronic or physical mail the RA Provider might continue to receive, even if the RA Provider's address remains listed on your corporate filing documents or the RA Provider remains listed as your registered agent. You acknowledge that you have sole responsibility for notifying all senders, including all government agencies, courts, and other parties, of your new registered agent address.
Prohibition on Mail Forwarding Requests. Upon cancellation or termination of registered agent services, you are strictly prohibited from filing a "change of address" or mail forwarding request with the United States Postal Service (USPS) or any other postal or delivery service using the RA Provider's address. If USFormation or the RA Provider becomes aware that you have filed such a request, you must immediately cease and desist all use of the RA Provider's address and cancel the forwarding request within three (3) business days of being notified. Failure to comply may result in legal action. You agree to indemnify and hold harmless both USFormation and the RA Provider from any costs, damages, or liabilities arising from your unauthorized use of the RA Provider's address after termination of services.
Customer Support. All customer support related to your registered agent services is provided by USFormation. The RA Provider does not collect your contact details and will not provide account details to you in the event you contact the RA Provider directly. All inquiries, requests, and support matters related to your registered agent service must be directed to USFormation.
Registered Agent Liability. You acknowledge and agree that USFormation acts solely as an intermediary in facilitating registered agent services and is not itself your registered agent. The registered agent of record for your entity is the designated RA Provider. USFormation makes no representations or warranties regarding the performance, reliability, or quality of services provided by any RA Provider. All liability related to the performance or non-performance of registered agent duties, including but not limited to the receipt, handling, forwarding, or loss of Legal Documents and service of process, rests solely with the RA Provider. You hereby release and hold harmless USFormation from any and all claims, damages, losses, liabilities, costs, and expenses arising from or related to the acts, omissions, errors, delays, or negligence of any RA Provider.
Registered Agent Indemnification. In addition to the general indemnification obligations set forth elsewhere in these Legal Terms, you specifically agree to indemnify, defend, and hold harmless USFormation and the RA Provider, and their respective officers, directors, employees, agents, shareholders, affiliates, representatives, successors, and assigns, from and against any and all claims, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to: (1) your use of the registered agent services; (2) any claim or proceeding in which the RA Provider is named as a party or involved as a result of acting in its capacity as your registered agent, address provider, or in any other agency role under the services; (3) your failure to provide accurate, complete, and current information; (4) your failure to appoint a replacement registered agent upon termination of services; or (5) any unauthorized use of the RA Provider's address after termination of services. You agree to pay all legal costs and fees incurred by USFormation or the RA Provider in any defense arising from your use of the registered agent services.
Accuracy of Information and Data Relay. You are solely responsible for the accuracy, completeness, and truthfulness of all information you provide to USFormation for use in any filing, registration, or service request. USFormation relays the information you provide to the RA Provider and other third-party service providers for processing. While USFormation uses reasonable efforts to accurately relay your information, USFormation does not independently verify the information you provide and shall not be liable for any errors, omissions, or inaccuracies in filings, registrations, or other documents that result from incorrect, incomplete, or misleading information provided by you. You acknowledge that any errors in data used to deliver services are the result of the information as provided by you, and you agree to hold USFormation harmless from any consequences arising from such errors, including but not limited to rejected filings, penalties, fines, or loss of good standing.
Obligation to Provide Required Information. Certain federal, state, and local laws and regulations require the RA Provider to maintain current and accurate information about the entities for which it serves as registered agent. You agree to promptly provide USFormation, within twelve (12) hours of any request, with all information required for the RA Provider to comply with applicable laws and regulations, including but not limited to: (a) the name, verified physical address, and phone number of the authorized natural person designated as the communication contact for your entity; and (b) any other information reasonably requested by USFormation or the RA Provider. You are responsible for ensuring that all such information is accurate and kept up to date. You agree to reimburse USFormation for any and all fines, penalties, or expenses levied against or incurred by USFormation or the RA Provider due to your failure to timely provide required information.
Use of RA Provider Address. The RA Provider's address may be used by you solely in connection with your entity's business purposes, including: (1) listing with the Secretary of State at your own discretion; (2) in place of your business's physical address; (3) as your business's legal mailing address; and (4) as your Officer, Member, or Manager address, provided that the address shall only be used by such individuals in their capacity as an Officer, Member, or Manager of your entity and not for personal use. You are strictly prohibited from using the RA Provider's address for any personal purpose, for any entity not registered through USFormation, or for any purpose unrelated to your entity's legitimate business operations. Unauthorized use of the RA Provider's address may result in immediate termination of your registered agent services and may subject you to legal action.
Disclosure of Contact Information. You acknowledge and agree that in the event you misuse the RA Provider's address after termination or cancellation of services, or in any manner not authorized by these Legal Terms, USFormation may be required to disclose your contact information to the RA Provider to enable the RA Provider to pursue legal action or otherwise protect its rights. By using the Services, you consent to such disclosure in these circumstances.
Waiver of Claims Against RA Provider. You acknowledge and agree that you waive any and all rights or claims to statutory damages or tort claims against the RA Provider arising from or related to the registered agent services facilitated through USFormation. This waiver applies to all claims of any nature, whether arising before, during, or after the term of your registered agent service, and survives the termination or cancellation of services.
USFORMATION LLC IS NOT A LAW FIRM, CERTIFIED PUBLIC ACCOUNTING (CPA) FIRM, OR LICENSED PROFESSIONAL SERVICES FIRM. USFORMATION DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE OF ANY KIND.
All information, content, and materials available through the Services are provided for general informational and educational purposes only and do not constitute legal, tax, accounting, or financial advice. You should not rely on the Services as a substitute for, nor does it replace, professional legal, tax, accounting, or financial advice. You should consult with a qualified attorney, tax professional, or financial advisor before making any decisions based on information provided through the Services.
Your use of the Services does not create an attorney-client relationship, a fiduciary relationship, or any other professional advisory relationship between you and USFormation LLC. Any communications between you and USFormation, whether via email, chat, phone, or any other medium, are not protected by attorney-client privilege or any other privilege.
USFormation does not review your information or documents for legal sufficiency, and does not draw legal conclusions, provide legal opinions, or make recommendations about your legal rights, remedies, defenses, options, or strategies. We do not apply the law to the facts of your particular situation. Any information we provide regarding entity formation, compliance, or related matters is purely informational and should not be construed as legal or professional advice.
USFormation acts as a platform and intermediary to facilitate the delivery of business formation, compliance, and related services. We may work with third-party service providers, including but not limited to registered agents, filing services, banking partners, and compliance services (collectively, "Service Providers"), to provide some or all of the services available through the platform.
You acknowledge and agree that these Service Providers operate independently from USFormation. We do not control, endorse, or guarantee the accuracy, quality, reliability, timeliness, or completeness of any services performed by our Service Providers. The relationship for any services delivered by a Service Provider is between you and that Service Provider.
USFORMATION DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, DELAYS, FAILURES, OR DEFICIENCIES IN SERVICES PROVIDED BY THIRD-PARTY SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY LOSS, DAMAGE, COST, OR EXPENSE ARISING FROM OR RELATED TO THE ACTS, OMISSIONS, OR NEGLIGENCE OF ANY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO INCORRECT FILINGS, MISSED DEADLINES, REJECTED APPLICATIONS, OR FAILURE TO DELIVER SERVICES AS EXPECTED.
Where our Service Providers include banking partners or financial institutions, you acknowledge that these entities are independent third parties. USFormation does not have control over how they review, underwrite, or approve applications. The final decision as to whether an account can be opened or a financial service can be provided is made solely by the institution and is not within USFormation's control. USFormation cannot guarantee that any banking or financial service will be approved or made available to you.
You hereby release and discharge USFormation LLC, its officers, directors, employees, agents, and affiliates from any and all claims, demands, damages, losses, liabilities, costs, and expenses arising from or related to any services performed or failed to be performed by any third-party Service Provider.
USFormation may assist you with the preparation and submission of documents to state and federal government agencies, including but not limited to articles of organization, articles of incorporation, EIN applications, annual reports, and other compliance-related filings. You acknowledge and agree to the following:
USFormation shall not be liable for any penalties, fines, dissolution, or adverse consequences resulting from your failure to maintain compliance, your failure to provide accurate information, or any action or inaction by a government agency.
USFormation may facilitate IRS and tax-related filing services, including but not limited to Employer Identification Number (EIN) applications, federal and state income tax return preparation and filing, tax extensions, Beneficial Ownership Information Reports (BOIR) under the Corporate Transparency Act, and other compliance-related filings (collectively, "Tax Filing Services"), through third-party tax preparation providers, accountants, or filing services ("Tax Providers"). USFormation is not itself a tax preparer, Certified Public Accounting (CPA) firm, enrolled agent, or licensed tax professional. USFormation does not prepare, review, sign, or file any tax returns or IRS forms directly.
No Tax Advice. The Tax Filing Services facilitated through USFormation are not tax advice. Any information, estimates, recommendations, or guidance provided through the Services regarding taxes, deductions, credits, estimated payments, or filing obligations is for general informational purposes only and should not be relied upon as professional tax advice. You should consult with a qualified tax professional or CPA regarding your specific tax situation. USFormation does not guarantee the accuracy of any tax estimates, recommended payment amounts, or projected refunds. Periodic tax estimates, if provided, are approximations only, and USFormation and the Tax Provider are not responsible for additional year-end tax obligations.
IRS Circular 230 Disclosure. Any U.S. federal tax information provided through the Services or by any Tax Provider in connection with the Services is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any matters addressed therein.
Client Responsibilities. You are solely responsible for:
No Guarantee of IRS Outcomes. USFormation does not and cannot guarantee that any tax filing, EIN application, or other IRS submission will be accepted, approved, or processed within any specific timeframe. The IRS and other tax authorities exercise their own independent discretion in reviewing and processing submissions. USFormation is not responsible for any rejections, delays, additional information requests, adjustments, or adverse determinations by the IRS or any other tax authority.
IRS Penalties and Interest. USFORMATION AND THE TAX PROVIDERS SHALL NOT BE LIABLE FOR ANY TAXES, PENALTIES, INTEREST, FINES, OR ADDITIONAL TAX OBLIGATIONS THAT RESULT FROM: (1) YOUR FAILURE TO PROVIDE COMPLETE AND ACCURATE INFORMATION; (2) YOUR FAILURE TO TIMELY PROVIDE REQUESTED DOCUMENTS OR INFORMATION; (3) YOUR FAILURE TO MAKE REQUIRED TAX PAYMENTS TO THE APPLICABLE TAX AUTHORITIES; (4) DISALLOWED DEDUCTIONS OR THE INCLUSION OF ADDITIONAL UNREPORTED INCOME; (5) YOUR FAILURE TO FOLLOW RECOMMENDATIONS OR ADVICE PROVIDED BY THE TAX PROVIDER; OR (6) ANY ACTION OR INACTION BY THE IRS OR ANY OTHER TAX AUTHORITY. USFormation does not audit or otherwise verify any information you provide.
No Audit Representation. Neither USFormation nor the Tax Providers will represent you in the event of an audit, examination, or inquiry by the IRS or any other tax authority. Any audit support or consultation that may be offered is for general informational purposes only and does not constitute legal or professional representation. You are solely responsible for responding to and resolving any audit, examination, or inquiry.
Tax Provider Liability. You acknowledge and agree that USFormation acts solely as an intermediary in facilitating Tax Filing Services and does not itself prepare, review, or file any tax returns or forms. All liability related to the preparation, accuracy, and filing of tax returns and IRS forms, including but not limited to errors, omissions, missed deadlines, and incorrect filings, rests solely with the Tax Provider. USFormation makes no representations or warranties regarding the performance, qualifications, reliability, or quality of services provided by any Tax Provider. You hereby release and hold harmless USFormation from any and all claims, damages, losses, liabilities, costs, and expenses arising from or related to the acts, omissions, errors, delays, or negligence of any Tax Provider.
Beneficial Ownership Information Reports (BOIR) and the Corporate Transparency Act. USFormation may facilitate the filing of Beneficial Ownership Information Reports (BOIR) with the Financial Crimes Enforcement Network (FinCEN) as required by the Corporate Transparency Act through a Tax Provider or other third-party filing service. You acknowledge and agree that:
Tax Filing Indemnification. In addition to the general indemnification obligations set forth elsewhere in these Legal Terms, you specifically agree to indemnify, defend, and hold harmless USFormation and the Tax Providers, and their respective officers, directors, employees, and agents, from and against any and all claims, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (1) your use of the Tax Filing Services; (2) any inaccurate, incomplete, or misleading information you provided for use in any tax filing; (3) your failure to timely provide requested information or documents; (4) your failure to make required tax payments; (5) any audit, examination, or inquiry by the IRS or any other tax authority related to your filings; or (6) any penalties, interest, or additional taxes assessed against you.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment: Visa, Mastercard, American Express, Discover, PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We offer refunds under the following conditions:
All refund requests must be submitted to [email protected]. USFormation reserves the right to determine, in its sole discretion, whether a refund is warranted and the amount of any such refund.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://www.usformation.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and USFormation LLC agree that any dispute, claim, or controversy arising out of or relating to these Legal Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services (collectively, "Disputes"), will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claims qualify. This agreement to arbitrate is intended to be broadly interpreted.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this section. The AAA Rules are available at www.adr.org. A single arbitrator will be selected in accordance with the AAA Rules. The arbitration will be conducted in the State of Delaware, unless you and USFormation agree otherwise or the AAA Rules provide otherwise. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND USFORMATION LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and USFormation are instead electing that all Disputes shall be resolved by arbitration. In arbitration there is no judge or jury, and court review of an arbitration award is limited.
ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Legal Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor USFormation can require the other to participate in arbitration. However, all other provisions of these Legal Terms will remain in full force and effect.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If any portion of this arbitration agreement is found to be unenforceable, the remainder of this arbitration agreement will remain in full force and effect. If the class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void, and all Disputes will be decided by a court of competent jurisdiction.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: